BILL NUMBER: SB 515	CHAPTERED  10/10/99

	CHAPTER   600
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 5, 1999
	PASSED THE SENATE   SEPTEMBER 10, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 10, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 7, 1999
	AMENDED IN ASSEMBLY   AUGUST 31, 1999
	AMENDED IN ASSEMBLY   AUGUST 19, 1999
	AMENDED IN SENATE   APRIL 27, 1999

INTRODUCED BY   Senator Chesbro and Assembly Member Florez

                        FEBRUARY 18, 1999

   An act to amend Sections 40183, 40184, 40973, 41730, and 41731 of,
and to amend, repeal, and add Section 48007 of, the Public Resources
Code, relating to waste management.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 515, Chesbro.  Waste management.
   (1) The existing California Integrated Waste Management Act of
1989, which is administered by the California Integrated Waste
Management Board, establishes an integrated waste management program.
  The act requires each city, county, city and county, and regional
agency, if any, to develop a source reduction and recycling element
of an integrated waste management plan containing specified
components.  Existing law also requires each city, county, and city
and county to adopt a nondisposal facility element consistent with
the implementation of the source reduction and recycling element.
Existing law requires the nondisposal facility element, and any
amendments to the element, to be appended to the source reduction and
recycling element when that element is included in the integrated
waste management plan.
   This bill would authorize, rather than require, the nondisposal
facility element to be appended to the source reduction and recycling
element.
   Existing law defines terms for purposes of the act and requires
the board to adopt regulations that define "rural area" in a manner
that establishes criteria and conditions applicable only to counties
and cities located in those areas of the state that are rural in
character, including those counties and cities that are located in
agricultural or mountainous areas of the state and geographically
distant from markets for recyclable materials.
   This bill would delete the requirement that the board adopt
regulations that define "rural area."  The bill, instead, would
define "rural area," in statute for purposes of the act, to mean
those counties and cities located in agricultural or mountainous
areas of the state and located outside the Department of Finance's
Primary Metropolitan Statistical Areas.  The bill would revise the
definition of "rural city" for purposes of the act.
   (2) Existing law requires that recycled materials and inert waste
removed from the waste stream, and not disposed of in a solid waste
landfill, not be included for the purpose of assessing specified
fees.
   This bill would specify, until January 1, 2002, the meaning of
inert waste for the purposes of this provision.
   This bill would declare that this definition does not affect
specified provisions relating to the use of solid waste for
beneficial reuse in the construction and operation of a solid waste
landfill, relating to specified diversion requirements, and relating
to the authority of the Integrated Waste Management Board to permit,
adopt standards, or otherwise regulate specified aspects of solid
waste management.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 40183 of the Public Resources Code is amended
to read:
   40183.  (a) "Rural city" means either of the following:
   (1) An incorporated city that has a geographic area of less than
three square miles, has a current waste disposal rate of less than
100 cubic yards per day, or 60 tons per day, and is located in a
rural area.
   (2) An incorporated city that has a population density of less
than 1,500 people per square mile, has a current waste disposal rate
of less than 100 cubic yards per day, or 60 tons per day, and is
located in a rural area.
   (b) Nothing in this section shall affect any reduction granted to
a rural city or rural county by the board pursuant to Section 41787
prior to September 1, 1994.
  SEC. 2.  Section 40184 of the Public Resources Code is amended to
read:
   40184.  (a) "Rural county" means any county that has a population
of 200,000 or less and is located in a rural area.
   (b) For the purposes of this section, Section 40183, and
subdivision (d) of Section 40973, "rural area" means those counties
and cities located in agricultural or mountainous areas of the state
and located outside the Department of Finance's Primary Metropolitan
Statistical Areas.
   (c) Nothing in this section shall affect any reduction granted to
a rural city or rural county by the board pursuant to Section 41787
prior to September 1, 1994.
  SEC. 3.  Section 40973 of the Public Resources Code is amended to
read:
   40973.  (a) The regional agency, and not the cities or counties
that are member agencies of the regional agency, may be responsible
for compliance with Article 1 (commencing with Section 41780) of
Chapter 6 if specified in the agreement pursuant to which the
regional agency is formed.
   (b) Notwithstanding Section 41782, except as provided in
subdivision (c), if a regional agency has been specified in the
regional agency formation agreement as the responsible party for
compliance with Article 1 (commencing with Section 41780) of Chapter
6 of Part 1, neither the regional agency nor any member jurisdiction
of the regional agency shall be eligible for a reduction of the
diversion requirements of Section 41780.
   (c) The regional agency may be eligible for a reduction of
diversion and planning requirements if all member jurisdictions of a
regional agency are rural cities or rural counties, as defined,
respectively, in Sections 40183 and 40184.
   (d) The regional agency may be eligible for a reduction of
planning requirements if all member jurisdictions of a regional
agency are cities located in both a rural area and a rural county, as
defined in Section 40184, and an unincorporated portion of a county.

   (e) (1) If, pursuant to subdivision (a), a regional agency is
specified in the regional agency formation agreement as the
responsible party for compliance with Article 1 (commencing with
Section 41780) of Chapter 6, the regional agency shall not be
comprised of more than two counties and all of the cities within
those two counties, except as otherwise authorized by the board.
   (2) The board may authorize the formation of a regional agency
that exceeds two counties and all of the cities within those two
counties, for purposes of compliance with Article 1 (commencing with
Section 41780) of Chapter 6, if the board finds that the formation of
the regional agency will not adversely affect compliance with this
part.
  SEC. 4.  Section 41730 of the Public Resources Code is amended to
read:
   41730.  Except as provided in Section 41750.1, each city shall
prepare, adopt, and, except for a city and county, transmit to the
county in which the city is located a nondisposal facility element
that includes all of the information required by this chapter and
that is consistent with the implementation of a city source reduction
and recycling element adopted pursuant to this part.  The
nondisposal facility element and any amendments to the element may be
appended to the city's source reduction and recycling element when
that element is included in the countywide integrated waste
management plan, prepared pursuant to Section 41750.  The nondisposal
facility element and any amendments to the element shall not be
subject to the approval of the county and the majority of cities with
the majority of the population in the incorporated area.
  SEC. 5.  Section 41731 of the Public Resources Code is amended to
read:
   41731.  Except as provided in Section 41750.1, each county shall
prepare, adopt, and, except for a city and county, transmit to the
cities located in the county a nondisposal facility element that
includes all of the information required by this chapter and that is
consistent with the implementation of a county source reduction and
recycling element adopted pursuant to this part.  The nondisposal
facility element and any amendments to the element may be appended to
the county's source reduction and recycling element when that
element is included in the countywide integrated waste management
plan prepared pursuant to Section 41750.  The nondisposal facility
element and any amendments to the element shall not be subject to the
approval of the majority of cities with the majority of the
population in the incorporated area.
  SEC. 6.  Section 48007 of the Public Resources Code is amended to
read:
   48007.  (a) Recycled materials and inert waste removed from the
waste stream and not disposed of in a solid waste landfill shall not
be included for the purpose of assessing fees imposed pursuant to
Section 48000.
   (b) For purposes of this section, and only for the purpose of
determining whether fees shall be imposed pursuant to Section 48000,
"inert waste removed from the waste stream and not disposed of in
solid waste landfills" includes the use, disposal, or placement of
solely inert waste on property where surface mining operations, as
defined in Section 2735, are being conducted, or have been conducted
previously, as long as the use, disposal, or placement is for
purposes of reclamation, as defined in Section 2733, pursuant to
either of the following:
   (1) A reclamation plan approved pursuant to Section 2774.
   (2) For surface mining operations conducted prior to January 1,
1976, an agreement with a city or county, or a permit issued by a
city or county, that provides for a fill appropriately engineered for
the planned future use of the reclaimed minesite.
   (c) For purposes of this section, "inert waste" means rock,
concrete, brick, sand, soil, and cured asphalt only.  In addition,
inert waste does not include any waste that meets the definition of
"designated waste" as defined in Section 13173 of the Water Code or
"hazardous waste" as defined by Section 40141.
   (d) This section shall remain in effect only until January 1,
2002, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2002, deletes or extends
that date.
  SEC. 7.  Section 48007 is added to the Public Resources Code, to
read:
   48007.  (a) Recycled materials and inert waste removed from the
waste stream and not disposed of in a solid waste landfill shall not
be included for the purpose of assessing fees imposed pursuant to
Section 48000.
   (b) This section shall become operative on January 1, 2002.
  SEC. 8.  The amendments made to Section 48007 of the Public
Resources Code by Section 6 of this bill shall not be construed to
affect any of the following:
   (a) Affect the provisions of Section 41781.3 of the Public
Resources Code.
   (b) The provisions of Article 1 (commencing with Section 41780) of
Chapter 6 of Part 2 of Division 27 of the Public Resources Code and
implementing regulations relating to the determination of the base
amount from which diversion requirements shall be calculated or what
constitutes diversion from disposal and transformation.
   (c) The authority of the California Integrated Waste Management
Board to permit, adopt standards, or otherwise regulate solid waste
disposal, solid waste handling, solid waste facilities, or solid
waste landfills in accordance with Division 30 (commencing with
Section 40000) of the Public Resources Code and with the board's
implementing regulations.
  SEC. 9.  The Legislature finds and declares that the amendments
made to Section 48007 of the Public Resources Code by Section 6 of
this act do not constitute a change in, but constitute a
clarification of, existing law.
  SEC. 10.  The clarifying amendments made to Section 48007 of the
Public Resources Code by Section 6 of this act shall not be effective
after January 1, 2002.  However, the use, disposal, or placement of
solely inert waste prior to January 1, 2002, for purposes of mine
reclamation on property where surface mining operations have been
conducted shall not be subject to disposal fees imposed pursuant to
Section 48000 of the Public Resources Code, and no fee shall be
imposed retroactively on and after January 1, 2002.
  SEC. 11.  It is the intent of the Legislature, in enacting this
act, to remedy any ambiguity in the applicability of the Integrated
Waste Management Fee, as imposed pursuant to Part 23 (commencing with
Section 45001) of Division 2 of the Revenue and Taxation Code, to
any inert waste disposal facility that is issued a solid waste
facility permit prior to January 1, 2002, and to set forth an
equitable resolution of the fee applicability issued by establishing
a date certain upon which the fee will become applicable to any
permitted inert disposal facility.
